ABHISHEK TIWARI Vs. ASHOK KUMAR

JUDGEMENT

(1.) VIRES of Rule 6 (viii) of the Assam Medical Colleges (Regulation of Admission to Post Graduate Course) Rules, 2006 (for short hereafter referred to as the Rules) is under challenge by the petitioners, who are the students admitted to the MBBS course in the various medical colleges of the State of Assam under the All India Quota. Clause (viii) of the Rules, as above, was integrated in the Assam Medical Colleges (Regulation of Admission to Post Graduate Course) Rules 2006 vide amendment thereto effected by the notification No. HLB.400/09/58, dated 11.01.2012, thereby notifying the Assam Medical Colleges (Regulation of Admission to Post Graduate Courses) (Amendment) Rules, 2012 (for short hereafter also referred to as the Rules, 2012).

(2.) WE have heard Mr. GN Sahewalla, Senior Advocate assisted by Md. Aslam, Advocate for the petitioners and Mr. D Saikia, learned Addl. Advocate General, Assam for the State respondents assisted by Ms. A Verma, Advocate.

(3.) BRIEFLY stated, the pleaded case of the petitioners is that after passing the entrance examination under 15% All India Quota in terms of the relevant rules, they took admission in the MBBS course. At that time, they were not required to sign any bond or undertaking to serve the Government of Assam and/or undertake mandatory rural internship. According to them, they intend to pursue the Post Graduate courses in the medical colleges of the State from the year 2013 onwards under the State Quota. They have averred that for admission to the Post Graduate course, an entrance examination is conducted, on the basis of which a merit list is prepared. The total seats in the Post Graduate courses is apportioned equally in the State and All India Quota and the continuing practice had been that the candidates, who had pursued the MBBS course under 15% All India Quota were exempted from the requirement of mandatory rural service experience of 1 year as a condition of eligibility to participate in the entrance examination therefor (PG course). This, the petitioners have insisted, as the candidates securing admission in the MBBS course under the 15% All India Quota were not required to sign any bond or give any undertaking to serve the Government of Assam or render service in the rural areas of the State. 04. According to them, Clause (viii) introduced in the Rules vide the Rules, 2012 for the first time, predicated requirement of service in rural areas under the Government of Assam or any Society or Agency created by the State Government NRHM at least for a period of 1 year on or before 31 st day of May of the year of admission for those candidates seeking admission in Post Graduate courses against the State Quota seats. This enjoinment besides being wholly illogical vis -a -vis the MBBS Graduates of the All India Quota, as according to them, sought to introduce hostile discrimination amongst equally placed candidates without any rational basis and is, thus unconstitutional. That, the applicability of this offending clause for the academic session 2013 and onwards vis -a -vis the All India Quota, MBBS Graduates, who had taken admission prior to the amendment spells retrospectivity thereof though impermissible in law, has been underlined. Defeasance of this clause being constitutionally invalid, has been sought for.